Loading...
HomeMy WebLinkAboutCT 02-15; Bressi Ranch Development; 2013-0674857; Notice of Restriction/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0674857 liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniii NOV 14, 2013 2:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ. Dronenburg, Jr., COUNTY RECORDER FEES: 28.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE Portion of 213-262-11-00 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: CT 02-15 Bressi Ranch Industrial RELEASE OF NOTICE OF RESTRICTION ON REAL PROPERTY OF BRESSI RANCH DEVELOPMENT, LLC AND ITS SUCCESSORS IN INTEREST NOTICE IS HEREBY GIVEN that on March 17, 2004 a Notice of Restriction on Real Property was conditioned for the approval of a Tentative Subdivision Map Permit No. CT 02-15, to give notice of certain lots located within the Flight Activity Zone as described in the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport and to limit assembly areas and prohibit certain uses, such as but not limited to, hotels and motels. A comprehensive update to the CLUP, renamed the McClellan- Palomar Airport Land Use Compatibility Plan (ALCUP), has since been approved by the San Diego Airport Land Use Commission. This document, adopted on January 25, 2010, and later amended on March 4, 2010, creates new Safety Compatibility Criteria for various land uses types located within Safety Zones 1-6. Hotels and motels are land use types within the ALCUP that are now considered "conditional" in Safety Zones 2-5 and "compatible" in Safety Zone 6. A "conditional" land use type is considered "compatible" if all listed conditions are met under the ALUCP. On July 17, 2013, the City of Carlsbad's Planning Commission made findings that a 133 room hotel proposal on a portion of Assessor's Parcel Number 213-262-11 was consistent with the ALUCP and approved a Conditional Use Permit (CUP 12-06) to allow the hotel development, subject to Condition No. 27 of Planning Commission Resolution No. 7000 requiring that the developer first request and receive from the City, a Release of Notice of Restriction on Real Property recorded June 2, 2005 in the San Diego County Recorder's Office under Document No. 2005-0461222. Therefore, the Notice of Restriction, recorded as Document No. 2005-0461222 on June 2, 2005, is hereby released on the western portion of Assessor's Parcel No. 213-262-11-00 as more particularly described in attached Exhibit 'A' (Parcel 1). Release of Notice of Restriction CA 07/29/2013 CITY OF CARLSBAD By: ^THRYN B. DODSON, PhD Community & Economic Development Director APPROVED AS TO FORM: ^ CELIA A. BREWER /0^3I-/^ City Attorney s Date By: Date Release of Notice of Restriction CA 07/29/2013 EXHIBIT 'A' PARCEL 1 THAT PORTION OF LOT 1 OF CARLSBAD TRACT CT 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630, RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 11, 2007 AS FILE NO. 2007- 0655142 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, BEING ALSO A POINT ON EASTERLY RIGHT-OF-WAY LINE OF INNOVATION WAY AS SHOWN ON SAID MAP 15630; THENCE ALONG THE WESTERLY LINE OF SAID LOT I AND SAID EASTERLY RIGHT OF WAY 1. NORTH 00°16'30" EAST ( NORTH 00°16'45" EAST PER MAP 15630) 2. NORTHERLY 3. NORTH 04°58'01" WEST 232.35 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 30.74 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'31"; THENCE TANGENT 86.48 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE 4. NORTHERLY, NORTHEASTERLY, AND EASTERLY 39.29 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'08"; THENCE TANGENT ALONG THE NORTHERLY LINE OF SAID LOT 1, BEING ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID MAP 15630 5. NORTH 85°04'07" EAST 124.32 FEET TO THE BEGINNING OF A TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUING 6. EASTERLY 7. SOUTH 02°58'13"EAST 94.82 FEET ALONG THE ARC OF SAID CURVE, SAID LOT LINE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 01°50'59"; THENCE LEAVING SAID LINE 82.55 FEET TO THE BEGINNING OF A NON-TANGENT 3078.88 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02°58'13" WEST; THENCE EASTERLY 162.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°01'52"; THENCE NON-TANGENT IOF 2 2650 PARCEL 1 EXHIBIT A .doc 9. SOUTH 00°00'00" WEST 10. SOUTH 90°00'00" EAST 11. SOUTH 00°00'00" WEST 12. WESTERLY AND NORTHWESTERLY 13. NORTH 89°43'33" WEST 182.86 FEET; THENCE 37.07 FEET; THENCE 163.11 FEET TO THE SOUTHERLY LINE OF SAID LOT 1, BEING A POINT ON A 897.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 05°44'52" EAST; THENCE 340.30 FEET ALONG THE ARC OF SAID CURVE AND SAID LOT LINE THROUGH A CENTRAL ANGLE OF 21 °44' 11"; THENCE NON- TANGENT AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 1 100.83 FEET TO THE POINT OF BEGINNING. CONTAINS 3.595 ACRES MflCRE OR LESS PREPARED BY: lUEL A. MARTINEZ L.S. 7443 LIC. EXP. 06/30/14 DATE 2 OF 2 2650 PARCEL 1 EXHIBIT A .doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of SOLY\ d\^(^0 OnOdt.d),ZO\^ before me, fendAci' \^m7im\^ >\\cr\wri\ Puhl Date y Here Insert Name and Title of the"i5ffi(?er J personally appeared K^-^^I^Mv^ & 00^5^0 • PhD • • ofr' Name(s) of Signer(s) BR10GITE.0ESMARAiS CommittiM # 2000211 Notify PMNe * CaNfornia San Oiigo County ^ who proved to me on the basis of satisfajjjtory evidence to be the personf^i) whose name06)(j§)^ subscribed to the within instrument and acknowledged to me that h6(sh|/tb0y executed the same in hi^j^h^tls^ir authorized capacity(is^), and that by b*^fi|)/tbe3r signature()B^ on the instrument the person(50. or the entity upon behalf of which the personO^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Nolary Seal Above Signature: OPTIONAL ?/\y7^mcw:> Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Titie(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907